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HomeMy Public PortalAboutOrdinance 66-191RD ! NA CE iCf. 66 -191 AN ORDINANCE ANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY AMENDING ORDINANCE NO. 63 -107 WITH REFERENCE TO MINOR LAND SUBDIV!SIONS.(URGENCY) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY NOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 500 and 501 of Article V of Ord - inance Po. 63 -107, are hereby amended to read as follows: "500. LOT SPLITS. DEFINITIONS. For the purpose of this article, the following words a`nrases shall be defined as follows: (a) 'Lot Split' shall mean any real property, improved or unimproved or any portion thereof, which is shown on the last approved County Tax Roll, in effect as of the 1st day of- Getaber, 1964, as a unit or as contiguous units, which is divided, or is proposed to be divided, for immediate or future sale or lease by any person, into four or lass parcels or lots. Lot Split shall not include any lease of any part of an apartment housey,community apartment project, commercial building or trailer park, whicl doe.s. not involve a division, by lawful conveyance, of real property...... (b) 'Map° shall mean a Parcel Map as that phrase is defined in Section 11535 et seq. of the Business and Professions Code of the State of California, to which reference, is hereby made. Said Map shall be prepared in accordance with the provisions of the State Map Act applicable thereto and other provisions hereof. (c) 'Plan' shall mean a tentative parcel map submitted to the Planning Director, indicating the nature of the proposed division of land showing the proposed lot lines, and such other information as required by the Director, which plan shall be sub- mitted prior to the submission of a map. Such plans shall be pre- pared by a Licensed Civil Engineer or Licensed Land Surveyor. (d) 'Improvements' Improvements required of a Parcel Map shall be the improvements defined in Section 404, Article X of the Temple City Municipal .Code. The Engineer shall deny approval to any map unless: (1) Such improvements are constructed, prior to the filing for the record of the map, in accordance with City standards therefore; or (2) The Subdivider has, prior to the Engineer's approval of the Parcel Map, entered into an agreement with th a City, which agreement shall be accompanied by a deposit to cuaran-tee the faith- ful performance of all work, the inspection of which shall be the duty of the Street Superintendent and /or City Engineer or any other officer of the City, whichever the case may be. The guarantee may be in the form of a cash deposit, an instrument of credit from a financial institution, or a bond by a duly authorized corporate surety, as provided in the Subdivision Map Act. (e) 'Notice' sha 1 l mean a written notice, deposited in the United States Mall, postage prepaid, addressed to the applicant, appellant or other interested party requesting such notice, at his last known mailing address. (f) 'Subdivider' shall mean any person who applies for a lot split pursuant to the provisions of enis Article. (g) 'Director' shall mean the Director of Planning of the City. 543 Ordinance No. 66-191 Page Two (h) 'City' shall mean the City of Temple City. (i) 'Engineer' shall mean the City Engineer of said City." "501. COMPLIANCE WiTH THIS ARTICLE. No person shall divide any real property into tour or less lots, as described in Section 500 (a) hereof, without first complying with the provisions of this Article. Any conveyance, sale, or contract to sell or lease property made contrary to the provisions of this Article shall be voidable to the extent, and in the same manner, as provided in Section 115k0 of the Business and Professions Code of the State of California, to which reference is hereby made." SECTION 2. That Section 502, through 507, inclusive, are hereby added to Article V of Ordinance No. 63 -109, to read as follows: "502. FILING OF PLAN. A person who desires to obtain approval of a dot sp it, s all file with the :'irector the follow- ing: (a) 15 copies of a plan and a reproducible negative thereof; and (b) a written application for such division in a form to be established by the Director; and (c) A filing and processing fee as set by Resolution of the Council. "503. PLANS. (a) SUBMISSION. Upon receipt of a plan, together with the fee and app icatothe Director shall examine the same to determine whether the proposed division of land would meet with all requirements of the Temple City Municipal Code if approved. No plan shall be tentatively approved, nor shall any map be approved by the Director, unless all requirements of this Code are met, and each lot, as proposed on the said plan and /or map, has at least 60 feet of frontage or in the case of lots abutting a cul-de -sac, 35 feet of frontage upon: (1) a dedicated public street, not less than Z..O feet in width; or (2) upon an existing private street, at least 40 feet in width, created by private easements, permanent in nature. if it is found by the Director that each of the lots will have the required frontage upon a dedicated public street, but that the street has not been fully dedicated in the area abutting the subject lot or lots, so as to bring the street up to a minimum of 60 feet of dedicated width, or such other width as may be designated on the General Plan for the abutting; street, the Director shall require that sufficient dedication for street purposes be offered by the owner to the City, so as to meet such minimum re- quired street width, Such offers oF dedication shall be made con- temporaneously with the submission of a map. Whenever dedication is required, the offer of dedication shall be transmitted to the City Clerk for acceptance and record- ation ;riot" to approval of the map. 51+1+ Ordinance ado. 66 -191 Page Three Where the Director finds that the requirements of Subparagraphs (1) or (2) above, are not met, he shall deny the Plan. The app- licant shall be given notice of such denial, within 5 days of such determination. (c) IMPROVEMENTS. The Director shall determine prior to the submission ova map, whether improvements are required, or if any of the improvements are in place, or, if the same exist, that they are in good condition and repair, upon each of the lots as shown on the said plan. Such improvements have not been constructed and installed upon the street frontages of such lots, or if the Director finds that reconstruction of a l l or a part of said improvements are required as a safety measure, the plan shall be denied unless: (1) Such improvements are constructed, or reconstructed, prior to the submission of the map, in accordance with City stand- ards therefor; or (2) That the applicant has guaranteed the construction or reconstruction, of such improvements either by a cash deposit with the City Treasurer or the filing of an instrument of credit, as that phrase is defined in the State Subdivision Map Act. Such cash deposit and/or instrument of credit shall be in the amount estimated by the City Director as being equal to tha cost of such construction or reconstruction. I f the Director finds that the plan is in accordance with a l l applicable provisions of this Code, including, but not limited to, this Article, the Director shall pi'e the applicant notice thereof, and shall indicate to him that hE a period of time, not to exceed 60 days, within which to file a map as hereinafter provided." "504. DUTIES OF CITY ENGINEER, (a) APPROVAL. Where the Director has approved a plan, the applicant s a sbnit a map. No map shall be approved by the Engineer: (1) unless the required dedication, if any, has been offered to the City; (2) If improvements are required, that the same have been either constructed or reconstructed, or bonded for; (3) unless the map complies with all provisions of this Code, in the manner hereinabove set forth. IF the Engineer finds that all such conditions have been met by the map as submitted, he shall approve the same by endorsing his approval upon the map to be recorded in the Office of the County Recorder of the County of Los Angeles, at the sole cost of the applicant. (b) DISAPPROVAL. I f the Engineer finds that any of the require- ments of tai i s Art t c e have not been met with 'res;:,ect to a map, he shall disapprove the same; the applicant shall be jven written notice of such disapproval, within 5 days of such determination. "505. APPEAL. If any applicant, or other interested person, is dissatisfic'Twith the action taken with respect to a plan, either as to its disapproval or as to any condition of approval imposed thereon, he shall have the right of appeal, from the Director's decision, to the Planning Commission. 54-5 Ordinance N o. 66-191 Page Four Such appeal shall be in writing, accompanied . y a filing and processing fee in the sum of $,and shall be filed with the secretary of the Planning Commission within 60 days after the mailing of notice to the applicant of the determination of the Director or Engineer." "506. ACTION OF PLANNING COMM!SSlON. When the Secretary of the P l ann s g Co mrr i s s i on rece veca ' a nofIce of appeal with ref- erence to a plan or map, said Secretary shall set the matter for hearing upon the next agenda of the Planning Commission. The appellant shall be given written notice of the time and place of such hearing, and the Commission, at the time of such hearing, shall give the applicant a reasonable opportunity to present evidence to show the action of the Director was arbitrary, cap- ricious or unreasonable. The burden of proof shall be on the applicant. Where a plan has been denied for the reason that one or more of the lots, as proposed, do not abut upon a public or private street, and the Director has determined that the facts required by Section 503 (2) are not present, the Commission shall deny the map and refuse to give approval thereto, unless it finds that all the following facts exist: (a) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or which do not generally apply to other property of a similar nature; and (b) That the granting of the map will not be materially detrimental to the public welfare or injurious to adjacent prop- erties; and (c) That the granting of the map will not adversely effect the general plan of the City; and (d) That such approval is necessary to permit the property owner to use and enjoy the property involved. The Planning Commission in passing upon such an appeal shall have the authority and power to condition its approval of the map so as to render the proposed division compatible with the pro - visions of the Temple City Municipal Code and surrounding and adjacent uses. The action of the Commission shall be final and conclusive on the 10th day after the adoption of the Commission's resolution, or upon the day following the next regular City Council meeting, whichever date occurs later, in the absence of an appeal to the City Council in the manner hereinafter set forth. Where the Commission's action is to approve, when it has become final, the City Engineer shall endorse his approval on the Parcel Map and cause the same to be recorded in the office of the County Recorder at the expense of the applicant." "50. APPEAL TO COUOCiL. Any applicant aggrieved by the decision of the Planning Commission shall have the right of appeal to the City Council. Such appeal shall be filed with the City Cler.: within 10 days after the determination of the Planning Commission. Upon receipt of such an appeal, together with a fee in the amount of $50.00, the City Clerk shall place the same on the City Council's agenda for a public hearing and shall give the applicant at least 10 days' written notice of the time and place of such hearing. City Council shall conduct a do novo hearing upon said appeal; the burden of proof shall be o(, the applicant to show that the action of the Commission was arbitrary, capricious, and unreasonable under all of the circumstances, in view of the standards as set forth in Section 506 hereof. 546 Ordinance Flo. 66 -191 Page Five The action of the Council shall be to approve conditionally, approve, or deny the appeal. The action of the City Council shall be final and conclusive. After the action of the Council has become Final, i n cases of approval, the City Engineer shall endorse his approval on the Parcel Map and cause the same to be recorded in the Office of the County Recorder at the expense of the applicant." SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 5th day of April ATTEST: City Cler :: Mayor, City o '- TeTe ty, California , 1966. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) 1, MARJORIE A. WOODRUFF, Chief Deputy City Clerk of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 66 -191, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 15th day of March, 1966, and was duly passed, approved and adopted by said Council, signed by the Mayor and attested by the City Clerk on the 5th day of April, 1966, by the following roll call vote: AYES: Councilmen: Dickason, Merritt, Nunamaker,.Tyrell, Harker NOES: Councilmen: None ABSENT: Councilmen: None Chief U,e uty City Cler of r rye City of Tema e City, California 547